Mealey's (January 16, 2018, 11:49 AM EST) -- CHARLESTON, W.Va. — A West Virginia federal judge on Jan. 11 held that a professional liability insurer was entitled to rescind an insurance policy due to two material misrepresentations made on the application, further finding that because the policy is void ab initio, it cannot be the basis of liability and, therefore, the insurer cannot recover from the insured the underlying defense costs it has incurred (ALPS Property & Casualty Insurance Company v. Michael A. Turkaly, et al., No. 16-10064, S.D. W.Va., 2018 U.S. Dist. LEXIS 5026)....